Mr J M Mampuya v TC Facilities Management Ltd: 2411245/2023
JUDGMENT
The claims are struck out pursuant to rule 37(1) of the Tribunal’s rules of procedure.REASONS
[1]At a preliminary hearing on 2 May 2024 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claims should not be struck out because the Tribunal has no jurisdiction to hear them.[2]By letter of 23 May 2024 the claimant made representations as to why the Tribunal should continue his claims, but in that letter he acknowledged that the Tribunal would be “pushing the boundaries” in allowing his claims to continue.[3]In essence, the claimant really has potential claims in the County Court or High Court, but is reluctant to bring these claims there because of the legal advice he has received, and/or the cost of legal representation. None of that is relevant to the issue of whether the Tribunal has jurisdiction to hear his claims.[4]By letter of 29 May 2024 the respondent re-stated its position as to the Tribunal’s lack of jurisdiction, and the Tribunal agrees that it has no jurisdiction. The claims are therefore struck out.